Airworthiness Directives; Bombardier, Inc., Airplanes, 87725-87730 [2023-27387]

Download as PDF 87725 Proposed Rules Federal Register Vol. 88, No. 242 Tuesday, December 19, 2023 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF AGRICULTURE Food and Nutrition Service 7 CFR Parts 271 and 275 [FNS–2020–0016] RIN 0584–AE79 Provisions To Improve the Supplemental Nutrition Assistance Program’s Quality Control System Food and Nutrition Service (FNS), USDA. ACTION: Proposed rule; reopening of comment period. AGENCY: The U.S. Department of Agriculture proposed to make changes to the Supplemental Nutrition Assistance Program’s Quality Control (SNAP QC) system to strengthen and improve the integrity and accuracy of the system and to better align SNAP QC with requirements in the Payment Integrity Information Act of 2019 (PIIA). When published, the proposed rule included an incorrect email address for comments; the reopening of the comment period is intended to allow additional time for the public to submit comments in the event the original comment submission was returned as undeliverable due to the incorrect email address. DATES: The comment period for the proposed rule published September 19, 2023, at 88 FR 64756, is reopened. Written comments must be received on or before January 2, 2024 to ensure their consideration. ADDRESSES: The Food and Nutrition Service, USDA, invites interested persons to submit written comments on this proposed rule. Comments may be submitted in writing by one of the following methods: —Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. —Mail: Send comments to John McCleskey, Branch Chief, Quality lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:04 Dec 18, 2023 Jkt 262001 Control Branch, Program Accountability and Administration Division; Food and Nutrition Service, 1320 Braddock Place, 5th Floor, Alexandria, Virginia 22314. —E-Mail: Send comments to SM.FN.SNAPQCReform@usda.gov. Include Docket ID Number FNS– 2020–0016, ‘‘Provisions to Improve the SNAP QC System’’ in the subject line of the message. —All written comments submitted in response to this proposed rule will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. FNS will make the written comments publicly available on the internet via https:// www.regulations.gov. John McCleskey, 703–457–7747, Food and Nutrition Service, 1320 Braddock Place, 5th Floor, Alexandria, Virginia 22314, SM.FN.SNAPQCReform@usda.gov. FOR FURTHER INFORMATION CONTACT: In a notice of proposed rulemaking, published on September 19, 2023 (88 FR 64756), the email address provided in the addresses section of the rule was incorrect, resulting in comments submitted via email being returned as undeliverable. While the other avenues for comment submission were unaffected, USDA is correcting the email address and allowing the public additional time to submit comments. Commenters who do not see their comment reflected on www.regulations.gov from the original comment period are encouraged to resubmit their comments. All regulatory provisions in the September 19, 2023, proposed rule remain unchanged. This document notifies the public the Department is reopening the comment period until January 2, 2024. SUPPLEMENTARY INFORMATION: Cynthia Long, Administrator, Food and Nutrition Service. [FR Doc. 2023–27821 Filed 12–18–23; 8:45 am] BILLING CODE 3410–30–P PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–2242; Project Identifier MCAI–2023–00704–T] RIN 2120–AA64 Airworthiness Directives; Bombardier, Inc., Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for certain Bombardier, Inc., Model BD– 100–1A10 airplanes. This proposed AD was prompted by a determination that new or more restrictive maintenance tasks are necessary. This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance tasks. The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by February 2, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–2242; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: SUMMARY: E:\FR\FM\19DEP1.SGM 19DEP1 87726 Federal Register / Vol. 88, No. 242 / Tuesday, December 19, 2023 / Proposed Rules • For service information identified in this NPRM, contact Bombardier Business Aircraft Customer Response Center, 400 Coˆte-Vertu Road West, Dorval, Que´bec H4S 1Y9, Canada; telephone 514–855–2999; email ac.yul@ aero.bombardier.com; website bombardier.com. • You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7300; email 9-avs-nyaco-cos@ faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2023–2242; Project Identifier MCAI–2023–00704–T’’ at the beginning of your comments. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend the proposal because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this NPRM. lotter on DSK11XQN23PROD with PROPOSALS1 Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such VerDate Sep<11>2014 17:04 Dec 18, 2023 Jkt 262001 marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this NPRM. Submissions containing CBI should be sent to Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516–228–7300; email 9-avs-nyaco-cos@faa.gov. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. Background Transport Canada, which is the aviation authority for Canada, has issued Transport Canada AD CF–2023– 34, dated May 25, 2023 (Transport Canada AD CF–2023–34) (also referred to after this as the MCAI), to correct an unsafe condition for all Bombardier, Inc., Model BD–100–1A10 airplanes. The MCAI states that new or more restrictive maintenance tasks have been developed. Airplanes with certain serial numbers were delivered after the maintenance or inspection program was revised and must comply with the airworthiness limitations specified as part of the approved type design and referenced on the type certificate data sheet; this proposed AD therefore does not include those airplanes in the applicability. The FAA is proposing this AD to address failure or degradation of the horizontal stabilizer trim actuator (HSTA) and motor brake assembly. A failed or degraded HSTA or motor brake assembly could result in loss of control of the airplane. You may examine the MCAI in the AD docket at regulations.gov under Docket No. FAA– 2023–2242. Related Service Information Under 1 CFR Part 51 The FAA reviewed the following Bombardier service information, which describes new or more restrictive airworthiness limitation maintenance tasks that specify inspection and overhaul of the HSTA and add flightcycle and flight-hour limitations. • Sections 5–10–20, ‘‘Time Limits— Supplementary Limitations,’’ and 5–10– 40, ‘‘Certification Maintenance Requirements,’’ of part 2, ‘‘Airworthiness Limitations,’’ of the Bombardier Challenger 350 Time Limits/Maintenance Check, CH 350, Revision 13, dated June 14, 2022, which include Task 27–40–00–104*, ‘‘Restoration (Overhaul) of the Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100–004 and subs,’’ and Task 27–41–05–104*, ‘‘Restoration (Overhaul) of the PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100–004/–005.’’ • Sections 5–10–20, ‘‘Time Limits— Supplementary Limitations,’’ and 5–10– 40, ‘‘Certification Maintenance Requirements,’’ of part 2, ‘‘Airworthiness Limitations,’’ of the Bombardier Challenger 300 Time Limits/Maintenance Check, CH 300, Revision 23, dated June 14, 2022, which include Task 27–40–00–104*, ‘‘Restoration (Overhaul) of the Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100–004 and subs,’’ and Task 27–41–05–104*, ‘‘Restoration (Overhaul) of the Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100–004/–005.’’ • Temporary Revision 5–2–31, dated January 31, 2023, which includes Task 27–40–00–108**, ‘‘Restoration (Inspection) of the Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100–003 and subs.’’ • Temporary Revision 5–2–102, dated January 31, 2023, which includes Task 27–40–00–108**, ‘‘Restoration (Inspection) of the Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100–003 and subs.’’ These documents are distinct since they apply to different airplane models. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in ADDRESSES. FAA’s Determination This product has been approved by the aviation authority of another country and is approved for operation in the United States. Pursuant to the FAA’s bilateral agreement with this State of Design Authority, the FAA has been notified of the unsafe condition described in the MCAI and service information referenced above. The FAA is proposing this AD because the FAA evaluated all the relevant information and determined the unsafe condition described previously is likely to exist or develop on other products of the same type design. Proposed Requirements of This NPRM This proposed AD would require revising the existing maintenance or inspection program, as applicable, to incorporate new or more restrictive maintenance tasks. This proposed AD would require revisions to certain operator maintenance documents to add new actions (i.e., inspections) and certain overhaul time limitations. Compliance with these actions is required by 14 CFR 91.403(c). For airplanes that have been previously modified, altered, or repaired E:\FR\FM\19DEP1.SGM 19DEP1 Federal Register / Vol. 88, No. 242 / Tuesday, December 19, 2023 / Proposed Rules in the areas addressed by this proposed AD, the operator may not be able to accomplish the actions described in the revisions. In this situation, to comply with 14 CFR 91.403(c), the operator must request approval for an alternative method of compliance according to paragraph (i)(1) of this proposed AD. Costs of Compliance The FAA estimates that this AD, if adopted as proposed, would affect 737 airplanes of U.S. registry. The FAA estimates the following costs to comply with this proposed AD: The FAA has determined that revising the maintenance or inspection program takes an average of 90 work-hours per operator, although the agency recognizes that this number may vary from operator to operator. Since operators incorporate maintenance or inspection program changes for their affected fleet(s), the FAA has determined that a per-operator estimate is more accurate than a per-airplane estimate. Therefore, the agency estimates the average total cost per operator to be $7,650 (90 work-hours × $85 per work-hour). lotter on DSK11XQN23PROD with PROPOSALS1 Authority for This Rulemaking Title 49 of the United States Code specifies the FAA’s authority to issue rules on aviation safety. Subtitle I, section 106, describes the authority of the FAA Administrator. Subtitle VII: Aviation Programs, describes in more detail the scope of the Agency’s authority. The FAA is issuing this rulemaking under the authority described in Subtitle VII, Part A, Subpart III, Section 44701: General requirements. Under that section, Congress charges the FAA with promoting safe flight of civil aircraft in air commerce by prescribing regulations for practices, methods, and procedures the Administrator finds necessary for safety in air commerce. This regulation is within the scope of that authority because it addresses an VerDate Sep<11>2014 17:04 Dec 18, 2023 Jkt 262001 unsafe condition that is likely to exist or develop on products identified in this rulemaking action. Regulatory Findings The FAA determined that this proposed AD would not have federalism implications under Executive Order 13132. This proposed AD would not have a substantial direct effect on the States, on the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. For the reasons discussed above, I certify this proposed regulation: (1) Is not a ‘‘significant regulatory action’’ under Executive Order 12866, (2) Would not affect intrastate aviation in Alaska, and (3) Would not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. List of Subjects in 14 CFR Part 39 Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety. The Proposed Amendment Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows: PART 39—AIRWORTHINESS DIRECTIVES 1. The authority citation for part 39 continues to read as follows: ■ Authority: 49 U.S.C. 106(g), 40113, 44701. § 39.13 [Amended] 2. The FAA amends § 39.13 by adding the following new airworthiness directive: ■ Bombardier, Inc.: Docket No. FAA–2023– 2242; Project Identifier MCAI–2023– 00704–T. PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 87727 (a) Comments Due Date The FAA must receive comments on this airworthiness directive (AD) by February 1, 2024. (b) Affected ADs None. (c) Applicability This AD applies to Bombardier, Inc., Model BD–100–1A10 airplanes, certificated in any category, having serial numbers 20003 through 20500 inclusive, and 20501 through 20959 inclusive. (d) Subject Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks; 27, Stabilizer. (e) Reason This AD was prompted by a determination that new or more restrictive maintenance tasks are necessary. The FAA is issuing this AD to address failure or degradation of the horizontal stabilizer trim actuator (HSTA) and motor brake assembly. The unsafe condition, if not addressed, could result in loss of control of the airplane. (f) Compliance Comply with this AD within the compliance times specified, unless already done. (g) Maintenance or Inspection Program Revision Within 60 days after the effective date of this AD, revise the existing maintenance or inspection program, as applicable, to incorporate the information specified in figure 1 or 2 to paragraph (g) of this AD, as applicable. The initial compliance time for doing the tasks is at the time specified in the applicable temporary revision (TR) or time limit/maintenance check (TLMC) document specified in figures 1 and 2 to paragraph (g) of this AD, or within 60 days after the effective date of this AD, whichever occurs later. Note 1 to paragraph (g): The asterisk (or ‘‘one star’’) or double asterisk (‘‘two star’’) with the last three digits of the task numbers listed in figures 1 and 2 to paragraph (g) of this AD indicates that the task is an airworthiness limitation task. BILLING CODE 4910–13–P E:\FR\FM\19DEP1.SGM 19DEP1 87728 Federal Register / Vol. 88, No. 242 / Tuesday, December 19, 2023 / Proposed Rules Figure 1 to paragraph (g) - Tasks for Model BD-100-lAlO airplanes VerDate Sep<11>2014 Task number Task title TLMC chapter TLMC or TR document 27-40-00-108** Restoration (Inspection) of the HorizontalStabilizer TrimActuator (HSTA), Part No. C47100003 and subs 5-10-40 Bombardier Temporary Revision 5-2-102, dated January 31, 2023 27-40-00-104* Restoration (Overhaul) of the HorizontalStabilizer TrimActuator (HSTA), Part No. C47100004 and subs 5-10-40 Part 2, "Airworthiness Limitations," of the Bombardier Challenger 300 Time Limits/Maintenance Check, CH 300, Revision 23, dated June 14, 2022 27-41-05-104* Restoration (Overhaul) of the Horizontal Stabilizer Trim actuator (HSTA), Part No. C47100004/-005 5-10-20 Part 2, "Airworthiness Limitations," of the Bombardier Challenger 300 Time Limits/Maintenance Check, CH 300, Revision 23, dated June 14, 2022 17:04 Dec 18, 2023 Jkt 262001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4725 E:\FR\FM\19DEP1.SGM 19DEP1 EP19DE23.018</GPH> lotter on DSK11XQN23PROD with PROPOSALS1 having SIN s 20003 through 20500 Federal Register / Vol. 88, No. 242 / Tuesday, December 19, 2023 / Proposed Rules 87729 Figure 2 to paragraph (g) - Tasks for Model BD-100- lAlO airplanes having SIN s 20501 through 20959 Task number Task title TLMC chapter TLMC or TR document 27-40-00-108** Restoration (Inspection) of the HorizontalStabilizer Trim-Actuator (HSTA), Part No. C47100003 and subs 5-10-40 Bombardier Temporary Revision 5-2-31, dated January 31, 2023 27-40-00-104* Restoration (Overhaul) of the HorizontalStabilizer Trim-Actuator (HSTA), Part No. C47100004 and subs 5-10-40 Part 2, "Airworthiness Limitations," of the Bombardier Challenger 350 Time Limits/Maintenance Check, CH 350, Revision 13, dated June 14, 2022 27-41-05-104* Restoration (Overhaul) of the Horizontal Stabilizer Trim 5-10-20 actuator (HSTA), Part No. C47100004/-005 Part 2, "Airworthiness Limitations," of the Bombardier Challenger 350 Time Limits/Maintenance Check, CH 350, Revision 13, dated June 14, 2022 (h) No Alternative Actions, or Intervals lotter on DSK11XQN23PROD with PROPOSALS1 After the existing maintenance or inspection program has been revised as required by paragraph (g) of this AD, no alternative actions (e.g., inspections) or intervals may be used unless the actions and intervals are approved as an alternative method of compliance (AMOC) in accordance with the procedures specified in paragraph (i)(1) of this AD. (i) Other FAA AD Provisions The following provisions also apply to this AD: (1) Alternative Methods of Compliance (AMOCs): The Manager, International Validation Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or responsible Flight Standards Office, as appropriate. If sending information directly to the manager of the International Validation VerDate Sep<11>2014 17:04 Dec 18, 2023 Jkt 262001 Branch, mail it to ATTN: Program Manager, Continuing Operational Safety, at the address identified in paragraph (j)(2) of this AD or email to: 9-avs-nyaco-cos@faa.gov. If mailing information, also submit information by email. Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the responsible Flight Standards Office. (2) Contacting the Manufacturer: For any requirement in this AD to obtain instructions from a manufacturer, the instructions must be accomplished using a method approved by the Manager, International Validation Branch, FAA; or Transport Canada; or Bombardier Inc.’s Transport Canada Design Approval Organization (DAO). If approved by the DAO, the approval must include the DAO-authorized signature. (j) Additional Information (1) Refer to Transport Canada AD CF– 2023–34, dated May 25, 2023, for related information. This Transport Canada AD may be found in the AD docket at regulations.gov under Docket No. FAA–2023–2242. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 (2) For more information about this AD, contact Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516– 228–7300; email 9-avs-nyaco-cos@faa.gov. (k) Material Incorporated by Reference (1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51. (2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise. (i) Section 5–10–20, ‘‘Time Limits— Supplementary Limitations,’’ of Part 2, ‘‘Airworthiness Limitations,’’ of the Bombardier Challenger 300 Time Limits/ Maintenance Check, CH 300, Revision 23, dated June 14, 2022. (ii) Section 5–10–20, ‘‘Time Limits— Supplementary Limitations,’’ of Part 2, ‘‘Airworthiness Limitations,’’ of the Bombardier Time Limits/Maintenance Check, CH 350, Revision 13, dated June 14, 2022. E:\FR\FM\19DEP1.SGM 19DEP1 EP19DE23.019</GPH> BILLING CODE 4910–13–C 87730 Federal Register / Vol. 88, No. 242 / Tuesday, December 19, 2023 / Proposed Rules (iii) Section 5–10–40, ‘‘Certification Maintenance Requirements,’’ of Part 2, ‘‘Airworthiness Limitations,’’ of the Bombardier Challenger 300 Time Limits/ Maintenance Check, CH 300, Revision 23, dated June 14, 2022. (iv) Section 5–10–40, ‘‘Certification Maintenance Requirements,’’ of Part 2, ‘‘Airworthiness Limitations,’’ of the Bombardier Time Limits/Maintenance Check, CH 350, Revision 13, dated June 14, 2022. (v) Bombardier Temporary Revision 5–2– 31, dated January 31, 2023. (vi) Bombardier Temporary Revision 5–2– 102, dated January 31, 2023. (3) For service information identified in this AD, contact Bombardier Business Aircraft Customer Response Center, 400 CoˆteVertu Road West, Dorval, Que´bec H4S 1Y9, Canada; telephone 514–855–2999; email ac.yul@aero.bombardier.com; website bombardier.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) You may view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ ibr-locations or email fr.inspection@nara.gov. Issued on December 8, 2023. Victor Wicklund, Deputy Director, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2023–27387 Filed 12–18–23; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2023–2429; Airspace Docket No. 23–AGL–37] RIN 2120–AA66 Amendment of Class D and Class E Airspace; Anderson, IN Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: This action proposes to amend the Class D and Class E airspace at Anderson, IN. The FAA is proposing this action as the result of an airspace review conducted due to the decommissioning of the Muncie very high frequency omnidirectional range (VOR) as part of the VOR Minimum Operating Network (MON) Program. The name of the airport would also be updated to coincide with the FAA’s aeronautical database. This action will lotter on DSK11XQN23PROD with PROPOSALS1 SUMMARY: VerDate Sep<11>2014 17:04 Dec 18, 2023 Jkt 262001 bring the airspace into compliance with FAA orders to support instrument flight rule (IFR) operations. DATES: Comments must be received on or before February 2, 2024. ADDRESSES: Send comments identified by FAA Docket No. FAA–2023–2429 and Airspace Docket No. 23–AGL–37 using any of the following methods: * Federal eRulemaking Portal: Go to www.regulations.gov and follow the online instruction for sending your comments electronically. * Mail: Send comments to Docket Operations, M–30; U.S. Department of Transportation, 1200 New Jersey Avenue SE, Room W12–140, West Building Ground Floor, Washington, DC 20590–0001. * Hand Delivery or Courier: Take comments to Docket Operations in Room W12–140 OF THE West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. * Fax: Fax comments to Docket Operations at (202) 493–2251. Docket: Background documents or comments received may be read at www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to Docket Operations in Room W12–140 of the West Building Ground Floor at 1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. FAA Order JO 7400.11H, Airspace Designations and Reporting Points, and subsequent amendments can be viewed online at www.faa.gov/air_traffic/ publications/. You may also contact the Rules and Regulations Group, Office of Policy, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: (202) 267–8783. FOR FURTHER INFORMATION CONTACT: Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222–5711. SUPPLEMENTARY INFORMATION: section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would amend the Class D airspace and the Class E airspace extending upward from 700 feet above the surface at Anderson Municipal Airport-Darlington Field, Anderson, IN, to support IFR operations at this airport. Authority for This Rulemaking Comments Invited The FAA invites interested persons to participate in this rulemaking by submitting written comments, data, or views. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should submit only one time if comments are filed electronically, or commenters should send only one copy of written comments if comments are filed in writing. The FAA will file in the docket all comments it receives, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, the FAA will consider all comments it received on or before the closing date for comments. The FAA will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or dely. The FAA may change this proposal in light of the comments it receives. Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT post these comments, without edit, including any personal information the commenter provides, to www.regulations.gov as described in the system of records notice (DOT/ALL– 14FDMS), which can be reviewed at www.dot.gov/privacy. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that Availability of Rulemaking Documents An electronic copy of this document may be downloaded through the internet at www.regulations.gov. Recently published rulemaking documents can also be accessed through the FAA’s web page at www.faa.gov/air_ traffic/publications/airspace_ amendments/. You may review the public docket containing the proposal, any comments PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\19DEP1.SGM 19DEP1

Agencies

[Federal Register Volume 88, Number 242 (Tuesday, December 19, 2023)]
[Proposed Rules]
[Pages 87725-87730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27387]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2023-2242; Project Identifier MCAI-2023-00704-T]
RIN 2120-AA64


Airworthiness Directives; Bombardier, Inc., Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Bombardier, Inc., Model BD-100-1A10 airplanes. This 
proposed AD was prompted by a determination that new or more 
restrictive maintenance tasks are necessary. This proposed AD would 
require revising the existing maintenance or inspection program, as 
applicable, to incorporate new or more restrictive maintenance tasks. 
The FAA is proposing this AD to address the unsafe condition on these 
products.

DATES: The FAA must receive comments on this proposed AD by February 2, 
2024.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to regulations.gov. Follow 
the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    AD Docket: You may examine the AD docket at regulations.gov under 
Docket No. FAA-2023-2242; or in person at Docket Operations between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD 
docket contains this NPRM, the mandatory continuing airworthiness 
information (MCAI), any comments received, and other information. The 
street address for Docket Operations is listed above.
    Material Incorporated by Reference:

[[Page 87726]]

     For service information identified in this NPRM, contact 
Bombardier Business Aircraft Customer Response Center, 400 C[ocirc]te-
Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; telephone 514-
855-2999; email bombardier.com">ac.yul@aero.bombardier.com; website bombardier.com.
     You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 South 
216th St., Des Moines, WA. For information on the availability of this 
material at the FAA, call 206-231-3195.

FOR FURTHER INFORMATION CONTACT: Gabriel Kim, Aviation Safety Engineer, 
FAA, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone 516-
228-7300; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2023-2242; Project Identifier 
MCAI-2023-00704-T'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
the proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
regulations.gov, including any personal information you provide. The 
agency will also post a report summarizing each substantive verbal 
contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Gabriel Kim, Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 
410, Westbury, NY 11590; telephone 516-228-7300; email [email protected]. Any commentary that the FAA receives which is not 
specifically designated as CBI will be placed in the public docket for 
this rulemaking.

Background

    Transport Canada, which is the aviation authority for Canada, has 
issued Transport Canada AD CF-2023-34, dated May 25, 2023 (Transport 
Canada AD CF-2023-34) (also referred to after this as the MCAI), to 
correct an unsafe condition for all Bombardier, Inc., Model BD-100-1A10 
airplanes. The MCAI states that new or more restrictive maintenance 
tasks have been developed.
    Airplanes with certain serial numbers were delivered after the 
maintenance or inspection program was revised and must comply with the 
airworthiness limitations specified as part of the approved type design 
and referenced on the type certificate data sheet; this proposed AD 
therefore does not include those airplanes in the applicability.
    The FAA is proposing this AD to address failure or degradation of 
the horizontal stabilizer trim actuator (HSTA) and motor brake 
assembly. A failed or degraded HSTA or motor brake assembly could 
result in loss of control of the airplane. You may examine the MCAI in 
the AD docket at regulations.gov under Docket No. FAA-2023-2242.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed the following Bombardier service information, 
which describes new or more restrictive airworthiness limitation 
maintenance tasks that specify inspection and overhaul of the HSTA and 
add flight-cycle and flight-hour limitations.
     Sections 5-10-20, ``Time Limits--Supplementary 
Limitations,'' and 5-10-40, ``Certification Maintenance Requirements,'' 
of part 2, ``Airworthiness Limitations,'' of the Bombardier Challenger 
350 Time Limits/Maintenance Check, CH 350, Revision 13, dated June 14, 
2022, which include Task 27-40-00-104*, ``Restoration (Overhaul) of the 
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-004 and 
subs,'' and Task 27-41-05-104*, ``Restoration (Overhaul) of the 
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-004/-005.''
     Sections 5-10-20, ``Time Limits--Supplementary 
Limitations,'' and 5-10-40, ``Certification Maintenance Requirements,'' 
of part 2, ``Airworthiness Limitations,'' of the Bombardier Challenger 
300 Time Limits/Maintenance Check, CH 300, Revision 23, dated June 14, 
2022, which include Task 27-40-00-104*, ``Restoration (Overhaul) of the 
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-004 and 
subs,'' and Task 27-41-05-104*, ``Restoration (Overhaul) of the 
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-004/-005.''
     Temporary Revision 5-2-31, dated January 31, 2023, which 
includes Task 27-40-00-108**, ``Restoration (Inspection) of the 
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-003 and 
subs.''
     Temporary Revision 5-2-102, dated January 31, 2023, which 
includes Task 27-40-00-108**, ``Restoration (Inspection) of the 
Horizontal-Stabilizer Trim-Actuator (HSTA), Part No. C47100-003 and 
subs.''
    These documents are distinct since they apply to different airplane 
models.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in ADDRESSES.

FAA's Determination

    This product has been approved by the aviation authority of another 
country and is approved for operation in the United States. Pursuant to 
the FAA's bilateral agreement with this State of Design Authority, the 
FAA has been notified of the unsafe condition described in the MCAI and 
service information referenced above. The FAA is proposing this AD 
because the FAA evaluated all the relevant information and determined 
the unsafe condition described previously is likely to exist or develop 
on other products of the same type design.

Proposed Requirements of This NPRM

    This proposed AD would require revising the existing maintenance or 
inspection program, as applicable, to incorporate new or more 
restrictive maintenance tasks.
    This proposed AD would require revisions to certain operator 
maintenance documents to add new actions (i.e., inspections) and 
certain overhaul time limitations. Compliance with these actions is 
required by 14 CFR 91.403(c). For airplanes that have been previously 
modified, altered, or repaired

[[Page 87727]]

in the areas addressed by this proposed AD, the operator may not be 
able to accomplish the actions described in the revisions. In this 
situation, to comply with 14 CFR 91.403(c), the operator must request 
approval for an alternative method of compliance according to paragraph 
(i)(1) of this proposed AD.

Costs of Compliance

    The FAA estimates that this AD, if adopted as proposed, would 
affect 737 airplanes of U.S. registry. The FAA estimates the following 
costs to comply with this proposed AD:
    The FAA has determined that revising the maintenance or inspection 
program takes an average of 90 work-hours per operator, although the 
agency recognizes that this number may vary from operator to operator. 
Since operators incorporate maintenance or inspection program changes 
for their affected fleet(s), the FAA has determined that a per-operator 
estimate is more accurate than a per-airplane estimate. Therefore, the 
agency estimates the average total cost per operator to be $7,650 (90 
work-hours x $85 per work-hour).

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. Subtitle VII: Aviation Programs, 
describes in more detail the scope of the Agency's authority.
    The FAA is issuing this rulemaking under the authority described in 
Subtitle VII, Part A, Subpart III, Section 44701: General requirements. 
Under that section, Congress charges the FAA with promoting safe flight 
of civil aircraft in air commerce by prescribing regulations for 
practices, methods, and procedures the Administrator finds necessary 
for safety in air commerce. This regulation is within the scope of that 
authority because it addresses an unsafe condition that is likely to 
exist or develop on products identified in this rulemaking action.

Regulatory Findings

    The FAA determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive:

Bombardier, Inc.: Docket No. FAA-2023-2242; Project Identifier MCAI-
2023-00704-T.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by February 1, 2024.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Bombardier, Inc., Model BD-100-1A10 
airplanes, certificated in any category, having serial numbers 20003 
through 20500 inclusive, and 20501 through 20959 inclusive.

(d) Subject

    Air Transport Association (ATA) of America Code 05, Time Limits/
Maintenance Checks; 27, Stabilizer.

(e) Reason

    This AD was prompted by a determination that new or more 
restrictive maintenance tasks are necessary. The FAA is issuing this 
AD to address failure or degradation of the horizontal stabilizer 
trim actuator (HSTA) and motor brake assembly. The unsafe condition, 
if not addressed, could result in loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD, revise the 
existing maintenance or inspection program, as applicable, to 
incorporate the information specified in figure 1 or 2 to paragraph 
(g) of this AD, as applicable. The initial compliance time for doing 
the tasks is at the time specified in the applicable temporary 
revision (TR) or time limit/maintenance check (TLMC) document 
specified in figures 1 and 2 to paragraph (g) of this AD, or within 
60 days after the effective date of this AD, whichever occurs later.
    Note 1 to paragraph (g): The asterisk (or ``one star'') or 
double asterisk (``two star'') with the last three digits of the 
task numbers listed in figures 1 and 2 to paragraph (g) of this AD 
indicates that the task is an airworthiness limitation task.

BILLING CODE 4910-13-P

[[Page 87728]]

[GRAPHIC] [TIFF OMITTED] TP19DE23.018


[[Page 87729]]


[GRAPHIC] [TIFF OMITTED] TP19DE23.019

BILLING CODE 4910-13-C

(h) No Alternative Actions, or Intervals

    After the existing maintenance or inspection program has been 
revised as required by paragraph (g) of this AD, no alternative 
actions (e.g., inspections) or intervals may be used unless the 
actions and intervals are approved as an alternative method of 
compliance (AMOC) in accordance with the procedures specified in 
paragraph (i)(1) of this AD.

(i) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Validation Branch, FAA, has the authority to approve 
AMOCs for this AD, if requested using the procedures found in 14 CFR 
39.19. In accordance with 14 CFR 39.19, send your request to your 
principal inspector or responsible Flight Standards Office, as 
appropriate. If sending information directly to the manager of the 
International Validation Branch, mail it to ATTN: Program Manager, 
Continuing Operational Safety, at the address identified in 
paragraph (j)(2) of this AD or email to: [email protected]. If 
mailing information, also submit information by email. Before using 
any approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the responsible Flight 
Standards Office.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain instructions from a manufacturer, the instructions must be 
accomplished using a method approved by the Manager, International 
Validation Branch, FAA; or Transport Canada; or Bombardier Inc.'s 
Transport Canada Design Approval Organization (DAO). If approved by 
the DAO, the approval must include the DAO-authorized signature.

(j) Additional Information

    (1) Refer to Transport Canada AD CF-2023-34, dated May 25, 2023, 
for related information. This Transport Canada AD may be found in 
the AD docket at regulations.gov under Docket No. FAA-2023-2242.
    (2) For more information about this AD, contact Gabriel Kim, 
Aviation Safety Engineer, FAA, 1600 Stewart Avenue, Suite 410, 
Westbury, NY 11590; telephone 516-228-7300; email [email protected].

(k) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) Section 5-10-20, ``Time Limits--Supplementary Limitations,'' 
of Part 2, ``Airworthiness Limitations,'' of the Bombardier 
Challenger 300 Time Limits/Maintenance Check, CH 300, Revision 23, 
dated June 14, 2022.
    (ii) Section 5-10-20, ``Time Limits--Supplementary 
Limitations,'' of Part 2, ``Airworthiness Limitations,'' of the 
Bombardier Time Limits/Maintenance Check, CH 350, Revision 13, dated 
June 14, 2022.

[[Page 87730]]

    (iii) Section 5-10-40, ``Certification Maintenance 
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the 
Bombardier Challenger 300 Time Limits/Maintenance Check, CH 300, 
Revision 23, dated June 14, 2022.
    (iv) Section 5-10-40, ``Certification Maintenance 
Requirements,'' of Part 2, ``Airworthiness Limitations,'' of the 
Bombardier Time Limits/Maintenance Check, CH 350, Revision 13, dated 
June 14, 2022.
    (v) Bombardier Temporary Revision 5-2-31, dated January 31, 
2023.
    (vi) Bombardier Temporary Revision 5-2-102, dated January 31, 
2023.
    (3) For service information identified in this AD, contact 
Bombardier Business Aircraft Customer Response Center, 400 
C[ocirc]te-Vertu Road West, Dorval, Qu[eacute]bec H4S 1Y9, Canada; 
telephone 514-855-2999; email bombardier.com">ac.yul@aero.bombardier.com; website 
bombardier.com.
    (4) You may view this service information at the FAA, 
Airworthiness Products Section, Operational Safety Branch, 2200 
South 216th St., Des Moines, WA. For information on the availability 
of this material at the FAA, call 206-231-3195.
    (5) You may view this material at the National Archives and 
Records Administration (NARA). For information on the availability 
of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].

    Issued on December 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness Division, Aircraft 
Certification Service.
[FR Doc. 2023-27387 Filed 12-18-23; 8:45 am]
BILLING CODE 4910-13-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.